3. Hit cyclist whilst driving received written charge letter
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Jayj21286

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Hit cyclist whilst driving received written charge letter
« on: February 01, 2024, 10:33:54 am »
Any advice guys? I accidently hit this cyclist we both went on green light both streets go green simultaneously. Genuinely didn't see them coming due to all the other hazards around me especially as two pedestrians crossed onto the road and blocked my vision for a second. I have received a written charge letter (mg4e) to plea guilty/not guilty really unsure what to do, I don't want to go court and then be slapped with a higher fine and more points any advice will much appriciated.

https://youtu.be/XkGZE8tscDE


I am a private hire driver and have a clean licence with no previous convictions.
« Last Edit: February 01, 2024, 10:53:37 am by Jayj21286 »
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DWMB2

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Re: Hit cyclist whilst driving received written charge letter
« Reply #1 on: February 01, 2024, 10:38:54 am »
It might be helpful to members if you tell us what the alleged offence is.
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Jayj21286

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Re: Hit cyclist whilst driving received written charge letter
« Reply #2 on: February 01, 2024, 10:40:45 am »
Driving without due care and attention
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guest46

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Re: Hit cyclist whilst driving received written charge letter
« Reply #3 on: February 01, 2024, 10:44:51 am »
Looking at the video, there's no defence evident - others may comment. He has a light on, although going straight on was a weird move - but that doesn't help you. Bang to rights I'm afraid.
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Jayj21286

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Re: Hit cyclist whilst driving received written charge letter
« Reply #4 on: February 01, 2024, 10:46:57 am »
Totally understand so you would say pleading guilty by post would be the best option the go for?
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The Rookie

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Re: Hit cyclist whilst driving received written charge letter
« Reply #5 on: February 01, 2024, 11:56:31 am »
Quote from: Jayj21286 on February 01, 2024, 10:46:57 am
Totally understand so you would say pleading guilty by post would be the best option the go for?
As per my post on FB, yes.
I really can't see a viable defence and losing in court will cost you circa £1000 (costs will start at £660 and you will lose the 1/3 discount off the fine) at least and you may even get more points.

To me it's clear he was 'there to be seen' and a careful and competent driver (the standard applied) should have seen him, even if the route he was taking was unexpected, although it looks to me like he was looking to turn right.
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« Last Edit: February 01, 2024, 12:01:43 pm by The Rookie »
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Jayj21286

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Re: Hit cyclist whilst driving received written charge letter
« Reply #6 on: February 01, 2024, 12:03:55 pm »
Brilliant, I was thinking exactly the same. Would you know what's the maximum fine and points I can receive for an incident like this  having no prior convictions.

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Jayj21286

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Re: Hit cyclist whilst driving received written charge letter
« Reply #7 on: February 01, 2024, 12:07:28 pm »
P.s that's exactly where I was 😂😂
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666

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Re: Hit cyclist whilst driving received written charge letter
« Reply #8 on: February 01, 2024, 12:55:40 pm »
Quote from: Jayj21286 on February 01, 2024, 12:03:55 pm
Brilliant, I was thinking exactly the same. Would you know what's the maximum fine and points I can receive for an incident like this  having no prior convictions.
That depends on how the magistrates view the seriousness of the offence.

The fine is unlimited (though in practice, it will be income-related), points range 3 to 9, disqualification possible.

You can see the guidelines here https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/careless-driving-drive-without-due-care-and-attention-revised-2017/
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Zoltronix72

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Re: Hit cyclist whilst driving received written charge letter
« Reply #9 on: February 03, 2024, 09:42:06 pm »
With the new additions to the Highway Code why did you start moving on a green light with pedestrians on the crossing? The crossing should be clear before you start moving.

I think if you had waited for the crossing to clear the cyclist would have been your attention.

My advice would be to enter the guilty plea and take the punishment.

I can’t go into stating why I give the above advice.

But a hefty fine is definitely on the way and a good haul of points, or even possibly a ban.

I think pleading not guilty could raise the possibility of a ban.
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NewJudge

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Re: Hit cyclist whilst driving received written charge letter
« Reply #10 on: February 03, 2024, 10:09:31 pm »
Quote
I think pleading not guilty could raise the possibility of a ban.

Being found guilty following a trial should make no difference to the order of points or a ban. Any fine imposed will be greater (because the discount for a guilty plea is not applicable). But there is no discount off the number of points or length of a ban so the sentence, in that respect, should be identical with only the seriousness of the offence determining the level.

I believe courts in Scotland do apply a discount off points or a ban for a guilty plea, but that is not the practice in England & Wales.
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BertB

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Re: Hit cyclist whilst driving received written charge letter
« Reply #11 on: February 06, 2024, 12:41:58 pm »
Quote from: Zoltronix72 on February 03, 2024, 09:42:06 pm

My advice would be to enter the guilty plea and take the punishment.

I can’t go into stating why I give the above advice.

But a hefty fine is definitely on the way and a good haul of points, or even possibly a ban.

I think pleading not guilty could raise the possibility of a ban.

Probably because you have made the consequences of not doing so up in your head.
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